The Warner sun. (Warner, Brown Co., Dakota [S.D.]) 1885-1???, 1887-04-29
INTERSTATE COMMERCE..
The Commission Takes Occasion to Gently Lect-
ure Railroad M~en-Thsis Cooperation Invited
that the Law May be Fairly Executed.

asking rulings upon many questions sug-
pested by the ext OF the law. To those it
axes answer:
A careful reading OF the act under which
this commission is organized will show to
the petitioners nj others who have made
similar applications that no jurisdiction
has been given to us to answer questions
like these under consideration. Two sec
tions OF the law confer power upon the
commission to entertain and decide appli-
cations and petitions. Section 4 empow-
ers US, Upon application by a common car.
rier, to authorize such common carrier, in
special cases. to charge less for longer than
for shorter distances over the same line, and
also to prescribe the extent or relief from
the operation OF the former part Of the
same section which a designated common
carrier may from time to time enjoy.
IT is obvious Interpretations like those
Of the railway conductors and the Trade
and Travellers union nave no relation
whatever to the duty imposed upon US by
section 1.-THE only section ofthe law which
the commission has power to suspend or
relax.
Although it might be desirable or at
least convenient in respect to many pieces
of new legislation to have a tribunal estab-
lished to which inquiries might apply for
instruction and advice respecting the
meaning OF the law and it's application to
suggest circumstances and conditions, a
moments reflection will show that no such
triDunal could be properly erected. Con-
grcss has not taken the management OF the
railroads out Of the hands OF the railroad
companies. 1t has simply established
CERTAIN PRINCIPLES
under which interstate CO nmerce must be
conducted. There is nothing no Vel in these
provisions. They simply bring back the
business OF the common carriers to the
we'll settled principles Of the common law.
Yet no one can deny that there was urgent
need of their statutory formulation? Al
legged difficulties in putting them in opera
ton only disclose examples OF the extent
TO which they nave been violated IL the
past. The sections OF the act are express
ed in plain words. A construction must
be given to them in the first instance 10
the carriers and their patrons. When a
course OF conduct has been adopted, OF
which complaint is made that it violates
the law, the decision Of the question
will rest with the courts or with
the commission as the complaining
party may elect. This is the orderly meth
cd in which all legislation is administered
and applied, and the statute in question
represents no exception. 1t appears from
the clamorous petitions that have been
laid before US for preliminary advice, many
OF them obviously upon the suggestion II
not by the procurement OF the carriers,
that comment on the law by the carriers,
and those who nave heretofore enjoyed
special favors at their hands, describes the
system OF penalties which the law provid-
es as extreme, and the risks imposed on
unintentional and unwilling violators OF
the provisions as enormous. Such com.
ment seems to us neither fair nor Just. 1t
is II true that section s provides that for vi.
o~lations Of the Law, and for failure to do
- - ~-ls.1 Al l.aYA . - Al r.
carrier shall be liable to the injured party for
THE ACTUAL DANAGE
sustained, together with q reasonable
counselor attorney fee, to be fixed by the
court and collected with the costs in the
case. 1t is also true that section 10 i'm.
poses a fine OF aot TO exceed So, 900 upon
common carriers and their officers, agents
and servants who ~willfully do or cause to
be done, or Willingly suffer or permit to be
done, an prohibited act, upon conviction
in q district court of the United States.
The remedy described in section i adds an
attorneys fee to the existing common law
right Of any injured party to recover the
full amount OF his damage, y condition of
affairs which cannot greatl Ilarm corpo-
rations disposed to fair de- ing, while the
criminal remedy given in section 10 obvi-
ously pertains to intentional yiolators Of
the law, and in these cases to be graduated
- YAK UNIV ISNOAoAAsk " ghO OAOA AtAOy NJ
the offense. Good faith exhibited in an
honest effort to carry out the requirements
OF the law will involve reasonable and fair
minded officials in no danger OF damages
or fines. The elasticity of the statute in
their favor is noticeable. The unjust dis
elimination OF section 2 must be in q like
and contemporaneous service in the trans
portation OF a like kind OF traffic under
substantially similar circumstances and
conditions" The preference or advantage
OF section 3 must be undue or unreason-
able e. throughout the act as it now stands
in confessedly experimental form, there is
exhibited an obvious aud q generous pur-
pose to allow to$he corporation ample
scope in the conduct Of their business AS
common carriers for the people, and fair
consideration OF every reasonable claim,
while insistihs upon just, impartial, open
and consistent rates OF charge, to which
every citizen shall be subject alike, whose
situation is the same. Surely the people
COULD NOT ASK FOR LESS.
The language and the tenor OF tha act
wholly fail to justify railroad managers, IT
any such there be who refuse to accept re-
sponsibilities decline to offer rates, to neg
lect to announce conditions OF traffic, en-
barrass the customary Interchange OF
business and impose stagnation upon
trade, they stick IN the bark OF the
phrases and Impressions Of the law in
venting doubts and imaginable dangers.
1t is still more uniustifiable for railroad
companies to make use OF the general
clauses OF the law, ignoring its modifying
and enlarging words aud formulas, In or
der to impose additional burdens upon
localities, trades, professions, manufact-
urers. consumers, classes If travellers or
employers, straining and depressing every
~ construction in favor OF the corporation
treasury and quoting the new law as au-
hority for all manner Of petty exactions.
The powers OF the commission are entirely
adequate to cope with such conduct, the